Maryland Daily Record Article Today
05-24-2007, 05:24 PM
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Maryland Daily Record Article Today
On the front page of the "Maryland Law" Section, there's an article titled "License Suspension Upheld for 132 - MPH Driver." Sure enough, he was driving a Porsche... I post this here because it was a Boxster.
"On October 7, 2005, at 1:03 a.m., Officer Finch observed a Porsche Boxster traveling at a speed in excess of 132 miles per hour on Route I-270 in Montgomery County, Maryland. The officer initiated a traffic stop, at which time he identified respondent as the driver of the Porsche. Respondent had a strong odor of alcohol on his breath, as well as watery and bloodshot eyes. Officer Finch asked respondent if he had been drinking, and respondent stated that he had two beers earlier that evening. After the officer administered a preliminary breath test, respondent performed a standard field sobriety test, which included a horizontal gaze nystagmus test, a walk and turn test, and a one leg stand test. Officer Finch arrested respondent for driving under the influence of alcohol, and indicated in his report that respondent failed the field sobriety test."
Motor Vehicle Admin. v. Shepard 2007 WL 1412288, *2 (Md.) (Md.,2007)
His license was suspended not because he was going 132, but because he refused to submit to a breathalizer test. The Court upheld the suspension because now police officers need only have "reasonable grounds" to order a breathalizer test. That standard is pretty low; lower than probable cause or by a preponderance of the evidence as is more common. So be careful... this guy admitted to having two beers, but probably had 4 or 5. Don't drink and drive, but definitely don't go 132+ after even a beer or two, please!
"On October 7, 2005, at 1:03 a.m., Officer Finch observed a Porsche Boxster traveling at a speed in excess of 132 miles per hour on Route I-270 in Montgomery County, Maryland. The officer initiated a traffic stop, at which time he identified respondent as the driver of the Porsche. Respondent had a strong odor of alcohol on his breath, as well as watery and bloodshot eyes. Officer Finch asked respondent if he had been drinking, and respondent stated that he had two beers earlier that evening. After the officer administered a preliminary breath test, respondent performed a standard field sobriety test, which included a horizontal gaze nystagmus test, a walk and turn test, and a one leg stand test. Officer Finch arrested respondent for driving under the influence of alcohol, and indicated in his report that respondent failed the field sobriety test."
Motor Vehicle Admin. v. Shepard 2007 WL 1412288, *2 (Md.) (Md.,2007)
His license was suspended not because he was going 132, but because he refused to submit to a breathalizer test. The Court upheld the suspension because now police officers need only have "reasonable grounds" to order a breathalizer test. That standard is pretty low; lower than probable cause or by a preponderance of the evidence as is more common. So be careful... this guy admitted to having two beers, but probably had 4 or 5. Don't drink and drive, but definitely don't go 132+ after even a beer or two, please!
